Author Profile

Lee A. Steven

Contact Lee A. Steven

Posts by Lee A. Steven

16 Dec. 2009 by Lee A. Steven

Two Roads – Two Tribunals: Recent “Fork-in-the-Road” Interpretations

Until recently, no arbitral tribunal had found an investor’s claim under a BIT to be barred by a fork-in-the-road clause. Previous tribunals have found that for a fork-in-the-road clause to apply, the same dispute between the same parties must have been submitted to the local courts before resort to international arbitration and have drawn [...] read more »

by Lee A. Steven ~ 16 Dec. 2009 Filed under: Arbitration Awards, Investment Arbitration, Other Issues | No Comments »